FTT decides that amounts paid into contractor loan scheme were earnings which HMRC had validly assessed to income tax (O’Brien v HMRC)
Tax analysis: In O’Brien v HMRC, the First-tier Tax Tribunal (FTT) decided that amounts paid into a contractor loan scheme were earnings which HMRC had validly assessed to income tax. Applying the ‘redirection’ principle, the FTT decided that income tax arose when the taxpayer redirected his earnings to an employee benefit trust (EBT) established to try to avoid income tax by making loans from those earnings. Further, the FTT decided that HMRC had satisfied the relevant conditions for making a discovery assessment; in particular, the taxpayer’s return lacked enough information for a hypothetical HMRC officer to be reasonably expected to have been aware that the return was insufficient, despite the scheme having been disclosed to HMRC under the disclosure of tax avoidance schemes rules (DOTAS).